DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 9625-18 
Ref: Signature Date 



Dear , 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. Your case was reconsidered in accordance with procedures that 
conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were 
previously denied relief by the Board on 10 May 2018. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 21 February 2019. The names and votes of the members of the 
panel will be furnished upon request. Your allegations of error and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings of this 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions of your naval record and 
applicable statutes, regulations and policies. Additionally, the Board considered the advisory 
opinion contained in Director CORB letter 1910 CORB: 002 of 14 March 2018 which you 
previously commented on as part of your last application. 

The Board carefully considered your arguments that you should have been placed on the 
disability retirement list. Unfortunately, the Board disagreed with your rationale for relief. In 
making their findings, the Board again substantially concurred with the advisory opinion 
contained in Director CORB letter 1910 CORB: 002 of 14 March 2018. Specifically, the Board 
was not convinced that you were unable to perform the duties of your office, grade, rank or 
rating due to a disability condition. As pointed out in the previous Board decision letter, there 
was strong evidence you were performing your duties at a level at or above fleet standards for 
your paygrade and designator despite the existence of disability conditions and the limitations 
your conditions imposed. Further, the Board also noted that you were able to maintain your 
medical certifications through 2017 and 2020, respectively. This was further evidence relied 
upon the Board in making their finding that they lacked evidence to support a finding of unfit for 
continued naval service. In the end, the Board affirmed the rationale used in its 10 May 2018 
decision and determined insufficient evidence of error or injustice exists to warrant a change to 
your record. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission of new and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence of sufficient new and material evidence for reconsideration, the 
decision of the Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court of appropriate jurisdiction. 

It is important to keep in mind that a presumption of regularity attaches to all official records. 
Consequently, when applying for a correction of an official naval record, the burden is on the 
applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

2/25/2019 

 
Executive Director